Proposal - Re-establishing Alcohol Free Zones

Alcohol-Free Zones 2020

PROPOSAL TO RE-ESTABLISH ALCOHOL-FREE ZONES IN MOREE, BOGGABILLA AND MUNGINDI Alcohol-Free Zones (Zones) in Moree, Boggabilla and Mungindi expired in May 2020. The Zones worked as an early intervention measure to prevent the escalation of anti-social behaviour and alcohol-related crime in our communities. Since the establishment of the Zones, alcohol-related crime has declined and the Zones are considered an effective tool in assisting Police and Council to manage community safety.

Council propose to re-establish the Alcohol-Free Zones in Moree, Boggabilla and Mungindi to July 2024 and invites public comment on this proposal.

Aim of Alcohol-Free Zones Alcohol-Free Zones aim to:    

reduce the incidence of alcohol-related crime in the broad vicinity of licenced premises in Moree, Boggabilla and Mungindi reduce the amount of alcohol-related litter in the broad vicinity of licenced premises in Moree, Boggabilla and Mungindi provide a safe environment for users of local streets, footpaths and public car parks without hindrance from irresponsible people drinking alcohol reduce the incidence of alcohol-related crime in identified problem areas.

Under Section 644 of the Local Government Act 1993, Council is able to establish Alcohol-Free Zones for a maximum of 4 years.

The legislation on Alcohol-Free Zones focuses on individuals who are consuming alcohol in the streets (including footpaths), public car parks, public open spaces and the like but does not affect individuals who have unopened alcohol moving from one location to another.

Re-establishing the Zones The existing Alcohol-Free Zones in the townships of Moree, Boggabilla and Mungindi expired 31 May 2020.

Council propose to re-establish the expired Zones in Moree, Boggabilla and Mungindi (maps at Appendix A) due to their effectiveness in reducing alcohol-related crime. Alcohol-Free Zones assist the Police to reduce anti-social behaviour in areas with prevalent high levels of alcohol abuse and domestic violence, property damage, burglary, vandalism and car stealing.

The proposed Zones are generally within areas measuring 300 metres in Mungindi and Boggabilla and 500 metres in Moree immediately adjacent to all outlets supplying alcohol.

The Zones would be in place for a further four years, from July 2020 to July 2024.

Proposal Date: July 2020 File No: 13/365

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Alcohol-Free Zones 2020

Crime Statistics NSW Police crime data supports the re-establishment of Alcohol-Free Zones in Moree, Boggabilla and Mungindi. With numbers of offences stable or falling, the Zones can be said to assist in reducing the incidences of alcohol-related crime.

Table 1. Non-Domestic Violence Assaults Involving Alcohol from 2011 to 2020 Year 2011 (prior to 2012 alcohol-free zone renewal and subsequent extensions) 2016 (when alcohol-free zone was last updated) 2018 2019 2020 (to June 2020)* Table 2. Street Offences from 2011 to 2020 Year 2011 (prior to 2012 alcohol-free zone renewal and subsequent extensions) 2016 (alcohol-free zone was last updated) 2018 2019 2020 (to June 2020)*

Moree

Boggabilla 87 61 46 30 10

Moree

Mungindi

14 15 11 3 3

Boggabilla 67 40 53 65 28

18 59 24 8 2

29 15 15 7

Boggabilla 12 3 2 2

5 8 2 4 0

Mungindi 1 11 5 3 1

Table 3. Crowd Control cases from 2016 to 2020 Year 2016 (alcohol-free zone was last updated) 2018 2019 2020 (to June 2020) *

Moree

Mungindi 1 3 0 0

*2020 statistics are only indicative of six months and should be considered as approximately half of the expected cases.

Process of Establishing & Operating Alcohol-Free Zones After the Proposal has been on public exhibition for 30 days, Council may, by resolution, adopt this proposal to re-establish Alcohol-Free Zones in Moree, Boggabilla and Mungindi.

Once resolved Council will then inform all interested parties including the Anti-Discrimination Board, local Police, all affected liquor licensees, club secretaries and other organisations advised of the original proposal.

Following the resolution Council will also publish public notices on its website and local newspapers confirming the establishment of the Alcohol-Free Zones. The Zones will come into force 7 days after the notice is published and when the zoned areas are adequately signposted as per the Local Government Act 1993.

Alcohol-Free Zones and Alfresco Dining In some circumstances an Alcohol-Free Zone may be proposed for an area that includes footpath alfresco dining areas for cafĂŠs and restaurants. When Council issues a licence for the use of public footpaths for such dining use in a Zone, it will impose conditions on the licensee (e.g. restaurant operator) about the requirements of the Zone, including clear delineation and control of the licensed area from the Alcohol-Free Zone.

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Alcohol-Free Zones 2020

Community Education Council will support community education regarding the Alcohol-Free Zones in partnership with the Moree Community Drug Action Team, focusing on peak offence periods throughout the four years.

Signage Signs are placed on the outer limits of each zone, at specific trouble spots and at other suitable intervals within each Zone. Sign locations were determined in consultation with NSW Police.

The existing signage is similar to the sign design shown in the Ministerial Guidelines on Alcohol Free Zones, as below. Council staff will replace the expired dates with sticker decals, clearly identifying the newly established dates.

Proposal Date: July 2020 File No: 13/365

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Regulation of Alcohol-Free Zones Enforcement The legislation applies to all persons, including minors.

Alcohol-Free Zones may be enforced by any officer of the NSW Police Force or a Moree Plains Shire Council enforcement officer who has been authorised in writing by the Commissioner of Police for the purpose of section 642 of the Local Government Act 1993.

The Police and authorized Council enforcement officers have the power to seize and tip out or otherwise dispose of alcohol without the need to issue a warning within an Alcohol-Free Zone. A Police officer or authorised Council enforcement officer may use their discretion to issue a warning to a person who is drinking in an Alcohol-Free Zone, for example, where the person may be unaware of the Zone.

It should also be noted that in circumstances where a person does not co-operate with a Police officer or authorised Council enforcement officer, they can be charged with obstruction under section 660 of the Local Government Act 1993 which carries a maximum penalty of $2,200.

Suspension or Cancellation of an Alcohol-Free Zone Established Alcohol-Free Zones in Moree, Boggabilla and Mungindi can be suspended or cancelled by Council.

This action may be taken if a request has been received from any person, body or at Council’s own initiative.

Such action will only be considered after consultation with local Police and would be carried out via a Council resolution.

If an Alcohol-Free Zone is suspended or cancelled, it will be notified to the local Police and a public notice issued. If cancelled, all signage will be removed immediately.

Recording of Alcohol-Free Zones Council are required to keep appropriate records when establishing Alcohol-Free Zones. At a minimum, Council will record:  all the relevant documentation showing all the steps taken to re-establish the zones  all documentation relating to the request to suspend or cancel a zone once it is established  all steps taken to avoid overlap in the re-establishment of Alcohol-Free Zones  information including statistical data that will help to provide a reference base if the re-establishment of an Alcohol-Free Zone is requested.

Proposal Date: July 2020 File No: 13/365

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Alcohol-Free Zones 2020

Consultation Community feedback on the proposal is critical to ensuring the Zones contribute to reducing the rate of alcohol-related anti-social behaviour within the Moree Plains Shire. This proposal to re-establish the AlcoholFree Zones in Moree, Boggabilla and Mungindi will be open for public comment for 30 days, from the date of this proposal.

Council invites comment from members of the public and other interested parties such as the Police, the AntiDiscrimination Board, Community Safety groups, liquor license holders and businesses within the Zones. When preparing your submission, please consider the following questions: 1. How do you see the use of Alcohol-Free Zones as an effective tool in reducing alcohol-related crime in Moree, Boggabilla and/or Mungindi?

2. Do you believe the current Alcohol-Free Zone boundaries in Moree, Boggabilla and/or Mungindi need to be adjusted? If so, how should they be adjusted and what are the reasons for? (please include maps and street names in your response where possible) 3. What types of community education programs would you like to see alongside Alcohol-Free Zones to prevent alcohol-related antisocial behaviour and how would you see these being implemented?

4. How else do you think reduction of alcohol-related crime can be achieved in Moree, Boggabilla and Mungindi?

Making a submission Submissions on the proposed Alcohol-Free Zones in Moree, Boggabilla and Mungindi can be made in writing to the General Manager, Moree Plains Shire Council at: Email: council@mpsc.nsw.gov.au Post: Moree Plains Shire Council PO Box 420 MOREE, NSW, 2400 Fax: (02) 6752 3934

Enquiries This proposal is publically accessible on Council’s website at www.mpsc.nsw.gov.au.

For hard copies of the proposal or requests for further information, please contact Council’s Community Development team on 02 6757 3222 or emailing council@mpsc.nsw.gov.au.

Proposal Date: July 2020 File No: 13/365

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Alcohol-Free Zones 2020

Appendix A Maps of Proposed Alcohol-Free Zones in Moree, Boggabilla and Mungindi

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MOREE

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